Transparent elections: Nine political parties sign Elections Bill 2017

ISLAMABAD:  The Parliamentary Committee on Electoral Reforms Friday adopted the Elections Bill 2017 aimed at making the electoral process free, fair and transparent.

By signing its report in a meeting, the committee has merged eight existing laws relating to elections in the Elections Bill.  Nine parliamentary parties signed the report. However, major opposition parties, including Pakistan People’s Party, Tehreek-e-Insaf and PML-Q, did not sign it due to their reservations.

Those who signed the report included Aftab Ahmed Khan Sherpao of Qaumi Watan Party, Ijazul Haq of PML-Zia, Naeema Kishwar of JUI (F), Sitara Ayaz of ANP, Col (Retd) Tahir Mashadi and SA Iqbal Qadri of the MQM.

These include Electoral Rolls Act 1974, Delimitation of Constituencies Act 1974, Senate Election Act 1975; Representation of the People Act 1976,Election Commission Order 2002, Conduct of General Elections Order 2002, Political Parties Order 2002 and Allocation of Symbols Order 2002.

Major reforms envisaged in the bill include strengthening of the Election Commission, which would be fully independent and autonomous. 

It has been delegated powers of the high court for specific directions, administrative powers to control transfer of election officials and disciplinary action against them, full financial powers and powers to make rules without prior approval of the President.        The commission would prepare a comprehensive Action Plan six months before the elections specifying all legal and administrative measures for the conduct of elections.

It would establish a transparent Result Management System for expeditious counting, compilation and dissemination of the election results. Addressing a press conference, Finance Minister Senator Ishaq Dar along with Law Minister Zahid Hamid said the next general elections would be held under the new proposed law. 

“With the Election Bill 2017, the election rules would be presented to Parliament,” he said.  He said the PTI demanded fresh appointments in the Election Commission of Pakistan but when the members of the Election Commission were being appointed then the PTI was part of the process.

He said the PTI had agreed on the new draft law but differences emerged when it demanded fresh appointment of members of the Election Commission of Pakistan and a new constitutional procedure for appointment of caretaker government.

Dar said he was hopeful that parliament will pass the new bill Election 2017. Giving the salient features of the bill, Law Minister Zahid Hamid said eight laws were emerged in new draft bill of Election Laws 2017 and election rules comprising 15-chapter were formulated.

He said financial and administrative autonomy has been given to the Election Commission of Pakistan in the new Election 2017 bill. The commissioners will have full financial powers including creating posts within approved budgetary allocations and all the expenditure of the ECP would be charged upon the consolidated fund.

The ECP has been authorized to redress complaints/grievances during various stages of the election process (other than challenge to the election itself under Article 225) and it decision will be appealable to the Supreme Court of Pakistan.

The ECP shall have a transparent Results Management System for expeditious counting, compilation and dissemination of election results. With regard to delimitation, the ECP shall delimit constituencies after every census.

The ECP shall appoint District Returning Officers, Returning officers and Assistant Returning Officers at least 60 days prior to the issuance of the Election Programme of the general elections.

The distance between a polling station and the voters assigned to it shall not exceed one kilometer, list of polling scheme shall be published at least 30 days before the polling day and the ECP will be empowered to install surveillance cameras in highly sensitive polling stations for remote  monitoring of activities in such polling stations.

The nomination form has been simplified and the same form has been prescribed for candidates for all seats and while scrutinizing of nomination paper, the Returning Officers shall not ask question which has no nexus to the information, supplied or received or objections raised by any person on tangible material on record.

In case of default on payment of taxes, loans, utility expenses or other government duties, a candidate may clear the default at the time of scrutiny of the nomination papers, except in the case of willful concealment.

Maximum limits of election expenses shall be Rs4 million for the National Assembly, Rs2 million for the provincial assembly and Rs1.5 million for the Senate elections.

Elections expenses shall be monitored by the District Monitoring Team of the ECP and the ECP may impose fines in case of violation of the Act or the Rules.

Every member of the an Assembly or Senate will be required to submit annual wealth statement in the same form as is submitted under the Income Tax Ordinance 2001 and in case of failure to file wealth Statement, the ECP may suspend the membership of the defaulting member and if the default continues beyond 60 days, it shall issue show cause notice for termination of his membership.

The commission shall scrutinize the wealth statement and in case it is found to be false, the commission may direct prosecution of the member for the offense of corrupt practices.

To check mushroom growth of political parties, conditions of enlistment of a new political party with the ECP will include, in addition to existing requirements, minimum Rs2,000 and Rs200,000 enlistment fee.

A political party shall submit to the ECP annual financial statement and list of donors who have donated Rs100,000 and above to the political party.

The symbols allocated to the political parties and candidates should be visibly different from each other.